Equity Follows the Law: Principles and Application
Follow the Law
1. Introduction
Equity has no clash with law; neither does it override the provisions of law, nor is it the enemy of law. It adopts and follows the basic rules of law. It is said that equity is not a body of jurisprudence acting contrary to law but is rather a supplement to law. It is a well-known rule that equity follows the analogies of law. Equity came not to destroy the law but to fulfill it, to supplement it, to explain it. Equity respects every word of law.
2. Meaning
Equity is intended to supplement the law and not to supersede it.
3. Case Law
Cowper vs. Cowper 1734, 2P WNS 720
The discretion of the court is to be governed by the rules of law and equity, which are not opposed, but each, in turn, to be subservient to the other. This discretion, in some cases, follows the law implicitly; in others, it assists it and advances the remedy; in others against it, it relieves against the abuse, or allays the rigor of it; but in no case does it contradict or overturn the grounds of principle thereof.
4. Application
It has application in the following two aspects:
I. As to Legal Estates, Rights, and Interest
As regards legal estates, rights, and interests, equity was and is strictly bound by the rules of law, and it has no discretion to deviate therefrom. Equity does not allow an unfair use to be made of legal rights, so equity follows the rule of primogeniture.
Case Law
Strickland vs. Aldrige 1804
It was held that the exclusion of the younger member of a family from property according to the rule of primogeniture does not create any particular circumstances entitling to relief at equity, because the eldest son gets only what he is entitled to get in law.
II. As to Equitable Rights and Interest
In many cases, equity acts by analogy to the rules of law in relation to equitable titles and estates. Equitable estates are guided by the rules of descent as legal estate.
5. Important Aspects of Maxim
Following are two important aspects of this maxim:
- (i) Equity adopts and follows the rules of law in all cases where applicable.
- (ii) Equity follows the analogy of law.
6. Exceptions
- (i) Where a rule of law did not specifically apply.
- (ii) Where even by analogy the rule of law did not apply, equity formulated and applied its own rules.
7. Conclusion
To conclude, I can say that equity always follows the law in the sense of obeying it and conforming to its general rules and policy, whether contained in common law or statute law. The rules of equity cannot override the specific provisions of law.
Follow the Law
1. Introduction
Equity has no clash with law; neither does it override the provisions of law, nor is it the enemy of law. It adopts and follows the basic rules of law. It is said that equity is not a body of jurisprudence acting contrary to law but is rather a supplement to law. It is a well-known rule that equity follows the analogies of law. Equity came not to destroy the law but to fulfill it, to supplement it, to explain it. Equity respects every word of law.
2. Meaning
Equity is intended to supplement the law and not to supersede it.
3. Case Law
Cowper vs. Cowper 1734, 2P WNS 720
The discretion of the court is to be governed by the rules of law and equity, which are not opposed, but each, in turn, to be subservient to the other. This discretion, in some cases, follows the law implicitly; in others, it assists it and advances the remedy; in others against it, it relieves against the abuse, or allays the rigor of it; but in no case does it contradict or overturn the grounds of principle thereof.
4. Application
It has application in the following two aspects:
I. As to Legal Estates, Rights, and Interest
As regards legal estates, rights, and interests, equity was and is strictly bound by the rules of law, and it has no discretion to deviate therefrom. Equity does not allow an unfair use to be made of legal rights, so equity follows the rule of primogeniture.
Case Law
Strickland vs. Aldrige 1804
It was held that the exclusion of the younger member of a family from property according to the rule of primogeniture does not create any particular circumstances entitling to relief at equity, because the eldest son gets only what he is entitled to get in law.
II. As to Equitable Rights and Interest
In many cases, equity acts by analogy to the rules of law in relation to equitable titles and estates. Equitable estates are guided by the rules of descent as legal estate.
5. Important Aspects of Maxim
Following are two important aspects of this maxim:
- (i) Equity adopts and follows the rules of law in all cases where applicable.
- (ii) Equity follows the analogy of law.
6. Exceptions
- (i) Where a rule of law did not specifically apply.
- (ii) Where even by analogy the rule of law did not apply, equity formulated and applied its own rules.
7. Conclusion
To conclude, I can say that equity always follows the law in the sense of obeying it and conforming to its general rules and policy, whether contained in common law or statute law. The rules of equity cannot override the specific provisions of law.